Family Based Immigration

Often, if you have a family member who is a Lawful Permanent Resident (Green Card Holder) or a United States Citizen, you may be eligible for some type of immigration benefit.  Our experienced attorneys can analyze your case to determine your eligibility.

Same-Sex Immigration Benefits

In June 2013, the U.S. Supreme Court overturned the Federal Defense of Marriage Act (DOMA).  This ruling established that under Federal Law, same-sex couples could not be treated any differently than opposite-sex couples.  Since that time, thousands of families have been united and enjoyed protection under federal law.  Isabel was one of the first attorneys in the nation to apply on behalf of these newly eligible couples and families.  Our office has since filed hundreds of petitions on behalf of same-sex couples. 

Adjustment of Status (Green Card)

A family member, can petition to adjust the status of a person living inside of the United States.  These family members are most often parents of unmarried children under 21, children over 21 years of age, and spouses.  Other family members can file petitions depending on circumstances.

Fiance(e) Visas (K-1)

This visa gives authorization for the United States Citizen to bring his or her fiance(e) to the United States in order to get married.  Once married, a petition for Adjustment of Status is filed in order to obtain a Green Card for the foreign national.

Relatives of Lawful Permanent Residents

The unique factors in distinguishing between Lawful Permanent Residents and United States Citizens can cause very serious pitfalls for the inexperienced.   It is very important to seek out the assistance of an experienced attorney when attempting to navigate these procedures.  We have handled hundreds of cases for Lawful Permanent Residents and know what to look for when analyzing a case.

Waiver of Joint Filing Requirement for Battered Spouses

Many victims of domestic violence and abusive relationships believe they must stay with their spouse in order to successfully complete the green card process.  This is not true.  There is a waiver of the joint filing requirement to remove the condition on a Green Card when the spouse can demonstrate physical, mental or emotional abuse.

Violence Against Women Act (VAWA)

Victims of domestic violence and abuse can also seek stand alone status in the United States.  Under VAWA, many people who might otherwise be ineligible may seek permanent resident status in the United States.

Naturalization (U.S. Citizenship)

Without being born to a United States Citizen or in the United States, citizenship is only directly available to those who have been Lawful Permanent Residents (Green Card Holders).  Those who have held a Green Card for 5 years are eligible to naturalize.  Green Card holders who obtained their residency through marriage must only wait 3 years to naturalize.

Waivers of Inadmissibility

If you are or have ever been unlawfully present in the United States, you may have a bar of admissibility on your immigration record.  It is imperative that you seek the advice of an experienced immigration attorney prior to entering or leaving the country.  You may be eligible to waive your inadmissibility to either remain or reenter the United States.

I-601 Waiver

This type of waiver exists to permit those who have left the United States and have a bar to admissibility to reenter.  In order to do so, the foreign national must prove that a U.S. citizen parent or spouse would suffer extreme hardship if they were not permitted to reenter the United States.  Ms. Cueva has handled hundreds of these cases.

I-601A Waiver

This waiver serves those who are currently inside of the United States.  Prior to March, 2013, a person who was unlawfully present in the United States was required to leave and wait outside the country for the processing of the waiver.  This is no longer the case.  If the unlawfully present person is able to demonstrate that a U.S. citizen parent or spouse would suffer extreme hardship if she or he were forced to depart the United States, they may be eligible for a waiver to remain here lawfully.